The Kremlin’s Malign Legal Operations on the Black Sea: Analyzing the Exploitation of Public International Law Against Ukraine
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Date
2019
Authors
Fisher, Brad
Journal Title
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Volume Title
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Abstract
This article seeks to analyze the asymmetric manipulation and exploitation of legal
domains to achieve political objectives. A multidisciplinary analysis is offered to explore
the perversion of the law to shape legitimacy, contain adversaries, justify violations,
escape obligations, and ultimately to advantageously revise the international and
domestic rule of law. Colloquially known as lawfare, this article offers a discourse
analysis of the term and asserts that a more doctrinally appropriate phrase exists to
describe this phenomenon; Malign Legal Operations (MALOPs). Furthermore, this
article asserts that MALOPs are the root of contemporary hybrid warfare and that all
other hybrid means are secondary. In particular, the Russian Federation’s behavior
towards Ukraine in the Black Sea region is used as a case study to determine the extent
of these MALOPs and to explore what measures can be taken to defend the rule of law.
The primary example offered is Russia’s November 25th, 2018 attack on three Ukrainian
Naval vessels in the Kerch Strait and its capture of 24 sailors. Supplementary examples
include the annexation of Crimea, manipulations of the Montreux Convention, and
Russia’s overall aggression towards Ukraine.
Description
Keywords
Malign Legal Operations, lawfare, international law, international relations, Ukraine, Russia, hybrid warfare, article
Citation
Fisher B. The Kremlin’s Malign Legal Operations on the Black Sea: Analyzing the Exploitation of Public International Law Against Ukraine / Brad Fisher // Kyiv-Mohyla Law and Politics Journal. - 2019. - No. 5. - P. 193-223.